چکیده:
Under a specified pledge contract, the rules of which have been explained in most jurisprudential books and codified in Articles 771 to 794 of the Civil Code, a financial debtor entrusts property to a creditor for the purpose of securing their debt. Upon payment of the debt at maturity, the pledge is released and the property is reclaimed, or if the debt is not paid on the scheduled date, the pledgee can satisfy the claim from the proceeds of its sale. In this process, each party to the pledge contract has rights and duties imposed upon them by the Lawgiver. Recognizing these rights and duties can lead to the resolution of many legal disputes. Among the rights of the pledgor is the right to use the pledged property, while paying the maintenance costs of the pledged item and delivering the pledge to the pledgee are among his duties. The pledgee has the right of priority over other creditors and the right to renounce or withdraw from the subject of the pledge, and on the other hand, is obligated to preserve, manage, and return the pledged property.
خلاصه ماشینی:
Jurisprudential and Legal Rights and Duties of the Mortgagor and Mortgagee; A Human Moral Interaction Soheil Zolfaghari Mohammad Abu Ata Hamid Masjedsarayi Abstract Under a specific contract of pledge (rahn), the rulings of which have been explained in most jurisprudential books and whose rules have been codified in Articles 771 to 794 of the Civil Code, a debtor entrusts property to a creditor for the purpose of securing their debt.
Article 777 of the Civil Code, which states: "Within the pledge contract or by virtue of a separate contract, the mortgagor may appoint the mortgagee as an agent so that if the mortgagor does not repay his loan at the appointed time, the mortgagee may recover his claim from the pledged property or its value, and it is also possible to stipulate that the said agency shall remain with his heirs after the death of the mortgagee, and finally, it is possible that the agency be given to a third party," refers to this matter.
Therefore, in the event of the mortgagee's death, the deceased's claim against the mortgagor will be transferred to his heirs, and consequently, the pledged property remains the security for the debt; however, regarding the continuation of the possession of the subject of the pledge by the mortgagee's heirs, two different analyses exist: A) Trust (amanat) is a personal attribute, and considering the deceased as a trustee and the consent to deliver the property to the mortgagee does not necessitate considering the heirs as trustees or their disposal of the property; furthermore, the continuity of possession is not a condition for the validity of the pledge contract, and the mortgagor has no obligation to keep the subject of the pledge in the possession of the mortgagee's heirs; even if agency and usufruct have been stipulated for the heirs.
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